Lawsuit Targets Apple Over Exploding iPod

Apple's lawsuit dance ticket has yet another entry, this time from Tina King who is suing the company over claims that her iPod touch exploded and burned her face. She is asking for US$7,500 in damages and said she spent $600 in medical expenses after the incident.

Artist rendition: The iPod touch explosion

The iPod explosion-ish incident happened about a year ago, according to Patently Apple, but the lawsuit wasn't filed until this week. The filing states, in part,

On February 22, 2011, Tina Kings was laying in her bed with her iPod touch listening to music when Tina felt a burning sensation on her eye. As a direct and proximate result of the explosion and result of the explosion and resulting electrical shock of the iPod touch, Tina King received burns to her eye and was otherwise caused pain and suffering resulting in serious injury to the plaintiff, Tina King, including but not limited to the burns on her eye and the incurring medical and mental conditions which will cause her to suffer pain, mental distress, emotional distress, and otherwise for the rest of her life.

The lawsuit goes on to state that Apple acted "intentionally, maliciously, willfully, wantonly, recklessly, and were otherwise grossly negligent and acted with conscious disregard," when designing the iPod touch, which is common wording in a case like this. IN other words, Ms. King needs to prove her exploding iPod touch wasn't just some freak accident and that Apple knew there were design flaws that could lead to the incident.

Apple hasn't commented on the lawsuit, although we expect Ms. King's first comment after the incident happened was along the lines of "ouch."

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If Ms. King's iPod was defective, Apple needs to pony up and make things right -- as well as make sure whatever went wrong to cause the iPod to fail catastrophically doesn't happen again. If, however, she did something that caused the iPod failure, it's time to put on her big girl pants and take responsibility instead of dipping into Apple's deep pockets.

“I’m also surprised her lawyer doesn’t know the difference between “lying” and “laying”. Or maybe not surprised.”

Maybe she hired Lionel Hutz.

I am not making light of or questioning her injuries, these types of batteries can explode or burn. Furthermore their use is widespread, as Bingo wrote it that happens with products other than Apple’s. Boeing is have a problem with the lithium ion batteries in their new airplane design.

b9bot2:40 AM EST, Mar. 2nd, 2013Guest

If it did actually explode, then why does she only have a burn in her eye and not all over her body. The only way an iPod could in fact explode is if the battery were somehow punctured and even then it would more likely just catch fire then actually explode. Mental and emotional distress please, talk about over dramatizing. Sounds like she’s after some fast cash. I suggest Apple pay her measly medical bill and refund on her iPod. Tell her to stick with reading a real book and stay away from anything electronic. To much drama you know.

B9bot. The extent of damage from an explosion is in large part a factor of how much explosive was detonated. Yes, it was probably more a burn than explosion from even a low explosive. Possibly she was holding up close to her ear, not using earbuds or earphones, which is why another part of the body wasn’t injured. I understand that the batteries can, let’s say ignite, if bent so perhaps it was dropped or sat upon at one time. From what I am reading about the batteries in the Boeing aircraft have membranes that are too thin and didn’t met aerospace specifications.

We may find out if this ever goes to trial. I wonder if she has the iPod and if there is a police/fire report.

Interesting to me is that she is not asking for a lot a money, $8,100 total.